CHAPTER 317. ABANDONMENT OF COUNTY PARKS
LOCAL GOVERNMENT CODE
TITLE 10. PARKS AND OTHER RECREATIONAL AND CULTURAL RESOURCES
SUBTITLE B. COUNTY PARKS AND OTHER RECREATIONAL AND CULTURAL
RESOURCES
CHAPTER 317. ABANDONMENT OF COUNTY PARKS
Sec. 317.001. HEARING. On the application of any person, the
commissioners court of a county shall hold a hearing to determine
if land dedicated as a county park is undesirable for park
purposes and if the park should be closed and abandoned. The
commissioners court may conduct such a hearing on its own motion.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 317.002. NOTICE OF HEARING. (a) Notice of the time and
place of the hearing shall be published in a newspaper published
in the county. The notice must be in English and must be
published once a week for three consecutive weeks before the
hearing, with the first publication appearing before the 21st day
before the date of the hearing.
(b) If no newspaper is published in the county, the
commissioners court shall post the notice at the courthouse door.
The notice must remain posted for at least 21 consecutive days
preceding the date of the hearing.
(c) The notice must:
(1) contain a brief description of the land;
(2) state that at the hearing the commissioners court will
determine whether the park should be closed and abandoned; and
(3) direct all interested persons desiring to protest the
closing and abandonment to appear at the time and place of the
hearing.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 317.003. ACTION AT HEARING. (a) At the hearing, the
commissioners court shall:
(1) hear evidence as to whether the land is desirable for park
purposes; and
(2) make a full investigation as to whether the public interest
would be better served by the retention and maintenance of the
land as a county park or by the closing and abandonment of the
park.
(b) After the hearing, the commissioners court shall enter in
its minutes an order retaining the park or abandoning and closing
the park, according to its determination as to the best public
interest.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 317.004. EFFECT OF ABANDONMENT. (a) If the commissioners
court orders that the park be closed and abandoned, the
dedication of the land for that purpose expires, and the owner of
the land holds fee simple title unencumbered by the dedication.
(b) To be vested with an unencumbered title under this section,
the owner of the land must pay to the state and each political
subdivision any taxes due on the land at the time the land was
conveyed to the county for park purposes.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.